KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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another husband and wife dispute
September 26, 2026
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another husband and wife dispute
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Ken
I need your guidance on an account situation involving a husband and wife.
The wife of one of our subscribers contacted our office and advised that she wanted the security account placed in her name because her husband no longer has access to the residence.
We contacted the husband, who is the current subscriber under our agreement, and advised him of the request. He verbally agreed to cancel his subscription and stated that he would execute a DocuSign cancellation.
Based on that conversation, we sent the husband the cancellation document and, at the same time, sent the wife a new 36-month agreement for the residence. The wife has since executed her agreement.
The husband has now changed his position and is refusing to execute the cancellation. He has also instructed us not to contact him again and stated that he has a 36-month subscription with us and intends to leave it that way.
At this point, we have an executed agreement with the wife but also an existing agreement with the husband that has not been formally cancelled.
How would you recommend we proceed?
We want to make sure we do not make any changes to the existing account, Alarm.com access, or monitoring services until we understand our contractual obligations to both parties.
Anonymous
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Response
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You have two separate issues and you should not confuse them. Your contract is with the husband and unless he cancels it, defaults under it, or a court order directs otherwise, you should not unilaterally terminate his agreement or change his rights under that agreement simply because the wife says he no longer has access to the premises.
You also now have a signed contract with the wife. That does not cancel the husband’s contract. It gives you a second contract, and potentially a second subscriber claiming rights to the same system and services. That is not a place you want to be without written direction that protects you.
Do not change the account, Alarm.com access, call list, passcodes, monitoring instructions, billing, or service obligations based only on one spouse’s representation. If the husband is the existing subscriber, his instructions still matter. If the wife has legal authority to exclude him or control the residence, she should provide written documentation, such as a court order, police order, order of protection, divorce order, separation agreement provision, deed, lease, or other proof establishing her right to control access and services at the premises.
Until you have either the husband’s signed cancellation or proper legal documentation, I would keep the existing account status quo and advise both parties, in writing, that you cannot alter account authority, access credentials, monitoring instructions, or service without either mutual written authorization from the contracting subscriber and the new applicant, or a court order or other legally sufficient writing directing the change.
You can tell the wife that her agreement will be held pending clarification of account authority, or that services under her agreement cannot commence or be administered until the existing account issue is resolved. If you have already commenced service under her agreement, be very careful not to create inconsistent instructions. One account, one responsible subscriber, one set of instructions is the cleanest practice.
If the husband refuses further contact, then do not keep calling him, but send one written notice confirming that his agreement remains in effect unless cancelled in accordance with its terms or modified by court order or mutual written agreement. The notice should also state that you will not make access or monitoring changes based on a third-party request alone. You can also remind the husband that in the Kirschenbaum Contract he signed he has agreed to indemnify you against all claims, including those brought by him.
The bigger point is that you are not the domestic referee and you should not decide which spouse has superior rights to the premises. Let them resolve that between themselves or get a court order. Your job is to follow your contracts, maintain neutral procedures, avoid unauthorized account changes, and get signed written authority before changing service, access, codes, billing, or monitoring instructions.
I would also review your contract forms and account transfer procedures. Your paperwork should make clear that no assignment, transfer, cancellation, account access change, or substitution of subscriber is effective unless approved by the company in writing, and that the company may require proof of legal authority before changing account control.
You should also request proof of insurance coverage as required by the contract. The contract permits you to cancel if there is a default in payment and you may want to be vigilant in that regard if the husband fails to make timely payment.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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